Gujarat High Court
Kailash Atmaram Javre vs Lagansha Pir Dargah And Masjid ... on 23 August, 2023
Bench: Sangeeta K. Vishen
NEUTRAL CITATION
C/CRA/687/2022 ORDER DATED: 23/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL REVISION APPLICATION NO. 687 of 2022
With
CIVIL APPLICATION (FOR FIXING DATE OF HEARING) NO. 1 of 2023
In R/CIVIL REVISION APPLICATION NO. 687 of 2022
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KAILASH ATMARAM JAVRE
Versus
LAGANSHA PIR DARGAH AND MASJID TRUST
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Appearance:
MR. JARJEESKHAN(7235) for the Applicant(s) No. 1
for the Opponent(s) No. 4
MR MM TIRMIZI(1117) for the Opponent(s) No. 1,2,3
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CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
Date : 23/08/2023
ORAL ORDER
With the consent of the learned advocates appearing for the
respective parties, the captioned Civil Revision Application, is
disposed of by passing the following order.
2. By this application, the petitioner has prayed for quashing and
setting aside the order dated 11.01.2022 passed by the Gujarat
State Wakf Tribunal, Gandhinagar (hereinafter referred to as the
'Tribunal') whereby, the application filed by the respondents, has
been allowed and the petitioner, has been directed to handover the
possession and pay the amount towards the rent as determined.
3. It is the case of the petitioner that the petitioner, has been
staying and doing business in the properties in question since last
more than 20 years. Assuming that the respondents consider the
petitioner as an encroacher, there is a procedure provided in the
Waqf Act, 1995 (hereinafter referred to as the 'Act of 1995').
Without following the procedure, straightaway the Tribunal has been
NEUTRAL CITATION
C/CRA/687/2022 ORDER DATED: 23/08/2023
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approached and it has determined an exorbitant amount of rent,
without properly considering the market value. Therefore, the order
of the Tribunal, is not in conformity with the provisions of the Act of
1995.
4. On the other hand, the stance taken by the respondent nos.1
to 3, is that no error can be said to have been committed by the
Tribunal for, the properties in question are of the ownership of the
Trust and have been given on rent to the petitioner. The rent, has
been determined as per the prevalent jantri and therefore, to say
that rent is not properly determined, would be erroneous.
5. The learned advocates appearing for both the parties, made
their respective submissions and after making submissions for a
while, urge that the order of the Tribunal be modified taking care of
the respective interest of the parties to the proceeding. Learned
advocates jointly submit that they do not invite the reasons.
6. Mr Jarjeeskhan, learned advocate, submitted that the
petitioner, is ready to pay Rs.12,000/- for the properties in question.
It is submitted that the Tribunal, has directed the petitioner to make
the payment from the date of filing of the application. Instead, the
same should be from the date of the judgment of the Tribunal which
has been passed in the month of January, 2022. It is further
requested that considering the pandemic era, the petitioner be
accorded some time so that he can manage the payment in
installments.
7. On the other hand, Mr M.M. Tirmizi, learned advocate,
submitted that let the petitioner deposit an amount of Rs.14,000/-
and not Rs.12,000/- considering the prevalent market value;
NEUTRAL CITATION
C/CRA/687/2022 ORDER DATED: 23/08/2023
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however, it is fairly stated that let the Court decide the amount.
8. Heard the learned advocates appearing for the respective
parties. Respondent no.4, though served, has not entered
appearance.
9. Considering the submissions and counter-submissions made,
so also the consensus arrived at between the parties, it would be in
the fitness of things that the operative portion of the order dated
11.01.2022 of the Tribunal, is modified except direction nos.6 and 7,
by passing the following order.
10. The petitioner shall continue as a tenant and pay Rs.12,500/-
towards rent for the properties in question, with effect from date of
the order of the Tribunal, i.e. 11.01.2022. The amount of rent so
calculated at the rate of Rs.12,500/- for the period from January,
2022 till July, 2023, i.e. Rs.2,37,500/-, shall be deposited with the
registry of the Tribunal within a period of six months from the date
of receipt of copy of this order and the respondent nos.1 to 3, shall
be at liberty to withdraw the same. As stated above, direction nos.6
and 7 of the order dated 11.01.2022 of the Tribunal, shall continue
to govern the parties.
12. In view of the above, the Civil Application, so also the
captioned Civil Revision Application, stand disposed of. No order as
to costs.
13. Direct service is permitted.
(SANGEETA K. VISHEN,J)
BINOY B PILLAI
